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Youth with disabilities who are incarcerated have legal rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. They are entitled to a free appropriate public education (FAPE), which includes evaluation for special education services. If eligible, they receive an Individualized Education Plan (IEP) tailored to their needs that ensures access to education in the least restrictive environment possible. Transition planning is crucial to facilitate successful reintegration into school and/or community settings upon release. Those not covered under IDEA may qualify for accommodations and services under Section 504.
In April of 2014, the U.S. Department of Education, specifically the Office of Career, Technical and Adult Education, in collaboration with the U.S. Department of Justice and Various Stakeholders in the field of correctional education titled Guiding Principles for Providing High-Quality Education in Juvenile Justice Secure Care Settings. The document outlines guiding principles for effective correctional education, aiming to improve educational outcomes for justice-involved youth and adults. The purpose of the document was to provide a framework for educators and correctional administrators to enhance education opportunities, ensuring that individuals in the justice system receive the support they need for successful reintegration to their home, school, and community. The guiding principles document also includes Dear Colleague letters from the U.S. Office of Special Education and Rehabilitative Services and the US Department of Civil Rights.
The U.S. Department of Education's 2014 letter stresses that students with disabilities in correctional facilities must receive the same protections and educational services as those students who are not incarcerated, under the Individuals with Disabilities Education Act (IDEA). Students with an IEP are entitled to a free appropriate public education (FAPE) and necessary special education services. The letter points out challenges like overcrowding, lack of qualified teachers, and frequent student transfers and calls for effective policies to ensure timely transfer of educational records and collaboration between different agencies. State and local educational agencies are responsible for making sure educational rights are upheld for students’ with IEPs. The letter also highlights the importance of individualized education programs (IEPs) and placing students in the least restrictive environment (LRE).
The "Joint Dear Colleague Letter on Civil Rights in Juvenile Justice Residential Facilities" ensures that incarcerated youth have equal access to quality education and job training, free from discrimination. Facilities must provide proper education for students with disabilities and ensure they can communicate effectively. Staff must follow civil rights laws, prevent harassment, and aid families and caregivers with limited proficiency in English. The letter stresses the importance of training staff and coordinating between agencies to meet these legal standards.
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